​​Patently Strategic - Patent Strategy for Startups

The difference between getting claim construction right and getting it wrong is the difference between a valid patent and an invalid patent – and the difference between millions of dollars awarded from infringement decisions vs. ending up with a worthless piece of paper.In this month’s episode, Dr. David Jackrel, President of Jackrel Consulting, leads a discussion into three real-world applications for patent claim construction, as tested and decided upon by the United States Court of Appeals for the Federal Circuit. This is the highest court in the land under the Supreme Court for handling intellectual property disputes – and establishes much of the legal precedent the patent world has to go on … for better and for worse. The panel dissects the claims for each case, discusses the court’s analysis, and provides tips and strategies for more effective claim drafting in light of the strengths and weaknesses of the litigated patents. Dave is joined today by our always exceptional group, including:⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora⦿ Kristen Hansen, Patent Strategy Specialist at Aurora⦿ Ty Davis, Patent Strategy Associate at Aurora** Mossoff Minute **In this month's Mossoff Minute, Professor Adam Mossoff discusses the ill-advised price control mania presently sweeping the globe and its predictable impacts on free markets and innovation if we continue down the current path we’re precariously walking.** Discussed Links **⦿ Aurora hiring links: https://www.aurorapatents.com/careers.html⦿ Claim Strategies Episode (Part 1): https://www.aurorapatents.com/blog/patent-claims-the-name-of-the-game⦿ Claim Construction Episode (Part 2): https://www.aurorapatents.com/blog/claim-construction ⦿ Patent Anatomy Episode: https://www.aurorapatents.com/blog/new-podcast-patent-anatomy⦿ Patent Anatomy Blog Post: https://www.aurorapatents.com/blog/patent-anatomy-whats-in-a-patent** Follow Aurora Patents **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/⦿ Instagram: https://www.instagram.com/aurorapatents/ ⦿ TikTok: https://www.tiktok.com/@aurorapatents⦿ YouTube: https://www.youtube.com/@aurorapatents/Thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Let us know what you think about this episode!

AI's evolving role in patent tools, facing challenges like public disclosure risks and inventorship. Experts discuss current AI in patent searching, proofreading, drafting, and future solutions. AI addresses issues with PTAB, search quality, and unsustainable bar. Professor Mossoff explores AI-generated inventions' patentability.

Our interview with James Howard, Founder and Executive Director of the Black Inventors Hall of Fame.James Howard is a college professor, design historian, entrepreneur, industrial designer, inventor, filmmaker, and restauranteur. He brings over 25 years of experience as a design professor and has authored a course on Design Thinking and Design History that explores the impact of design on society.  As an accomplished Industrial Design educator and entrepreneur, Howard has lectured on the experience of Black American inventors. Howard himself is an extraordinary inventor with 20 patents, several of which we discuss, cover innovations that save people's lives daily. James' life work is now culminating in his mission of bringing a broad and detailed awareness to the important work of African American inventors, artists, and innovators who have inspired and forged ahead against tremendous odds and adversity. In creating the Black Inventors Hall of Fame, James hopes to have a place where kids of all ages and persuasions can go and be inspired to become the next generation of scientists, engineers, doctors, and inventors. Because like the great inventor Lonnie Johnson says, “What they see, they will be.”  ** Mossoff Minute **In this month's Mossoff Minute, Professor Adam Mossoff discusses how there’s a pirate living in your Apple Watch and why the media’s coverage of Apple’s predatory infringement of Masimo's patents is missing the mark. ** Discussed Links **⦿ Black Inventors Hall of Fame⦿ BIGG documentary: The Gathering⦿ Tech Boy Book⦿ Why Patents Exist⦿ Inventor Stories Vol. 1** Follow Aurora Patents **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/⦿ Instagram: https://www.instagram.com/aurorapatents/ ⦿ TikTok: https://www.tiktok.com/@aurorapatents⦿ YouTube: https://www.youtube.com/@aurorapatents/Thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Let us know what you think about this episode!

Claim construction is a process in which courts attempt to interpret the meaning and scope of the claims of a patent. It’s like reconstructing what an inventor and their practitioner meant back when they drafted the patent application. While your patent might not be tested in a court for many years, understanding the sometimes surprising language specifics and context traps while drafting now can help set you up for success later when defending your patent or attempting to stop an infringer. The words you choose now and the support you provide when drafting are your opportunity to help derisk the process of courts and juries later interpreting what you meant. And oftentimes, claim construction can be the KEY FACTOR in resolving disputes even before litigation, with the facts that come out of claim construction deciding the monetary value and payouts in settlements. Kristen Hansen, Patent Strategy Specialist at Aurora, leads the discussion along with our all-star patent panel, exploring:⦿ The evolution of claim terms⦿ Claim construction basics and a historical look at what are called Markman hearings⦿ Intrinsic evidence vs. extrinsic evidence⦿ Claim construction in prosecution vs. litigationKristen is also joined today by our always exceptional group of IP experts including:⦿ Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora⦿ Dr. David Jackrel, President of Jackrel Consulting ⦿ Dr. David Cohen, Principal at Cohen Sciences⦿ Steve Stupp, Partner at Stupp Associates, LLC⦿ Ty Davis, Patent Strategy Associate at Aurora⦿ Arman Khosraviani, Patent Agent and Former US Patent Examiner ** Mossoff Minute **This month's Mossoff Minute, Professor Adam Mossoff discusses recently proposed regulations that would misapply Bayh-Dole provisions to impose march-in rights on patent-protected innovations and create price controls via compulsory licensing. This amounts to government seizure of private property and will do tremendous harm – especially to the life sciences – if implemented.** Going Deeper **⦿ Patent Claim Basics and Strategies⦿ Patent Anatomy Guide** Follow Aurora Patents **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/⦿ Instagram: https://www.instagram.com/aurorapatents/ ⦿ TikTok: https://www.tiktok.com/@aurorapatents⦿ YouTube: https://www.youtube.com/@aurorapatents/Thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Let us know what you think about this episode!

From patenting classic boardgames like Monopoly and Battleship back in the 1930s to challenges with protecting modern innovations in areas like game development and VR, our experts are breaking down everything you need to know about patenting games so you don’t end up just rolling the dice when investing in protections for your entertaining innovations.  As a bonus, in this month’s episode, we’re bringing you two dealers: Dr. David Jackrel, President of Jackrel Consulting, will be covering the physical realm of board games and toys. Kristen Hansen, Patent Strategist and software guru here at Aurora, will be covering all things computer and video games in the second half. David and Kristen are joined by our always exceptional group of IP experts. Two exceptional gamers who would never be regarded as NPCs:Dr. Ashley Sloat, expert hotel builder and securer of rights on properties of all colors, but especially the green ones.Ty Davis, who’s always playing chess when it comes to claims.** Mossoff Minute **Professor Adam Mossoff recently attended the annual Inventor’s Hall of Fame induction ceremony and discusses two sets of inductees and their groundbreaking inventions of the mRNA platform and CRISPR gene editing technology.** RISE Award Winners **To learn more about this year's RISE award winners including Dustin Webb (Absolute Concept Designs), Rebel Cultures (Della Fetzer), Sand Baggage (Michael Wahlstrom),  and Chefshare  (Dr. Erin Eatough), please visit https://www.aurorapatents.com/rise-up-with-aurora.html.  ** Follow Aurora Patents **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/⦿ Instagram: https://www.instagram.com/aurorapatents/⦿ TikTok: https://www.tiktok.com/@aurorapatents⦿ YouTube: https://www.youtube.com/@aurorapatents/Thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Let us know what you think about this episode!

The podcast discusses the importance of patent claims in defining and protecting intellectual assets. It covers claim drafting strategies, overcoming software rejections, and understanding different types of patent claims. The speakers also explore the patentability of method of treatment claims and the significance of including a jury figure in patent claims. Additionally, they discuss the liability of importing products made by a patented process and compare different claim types in patent infringement cases.

This podcast episode explores the use of government grants and the regulations surrounding inventions generated under these grants. It discusses the types of small business research grants available and the implications for patent licensing and ownership. The episode also highlights the Prevail Act, a patent reform legislation aimed at improving the Patent Trial and Appeal Board. Additionally, it delves into the challenges faced by inventors who receive federal funding and attempt to avoid government ownership of their inventions. The chapter concludes by exploring the benefits and challenges of government grants as a source of non-deluding capital for startups.

In this month’s episode, we’re talking about Jack Daniels, Mickey Mouse, Andy Warhol, Jason Voorhees, Winnie-the-Pooh, Lizzo, and WallStreetBets … What do they have to do with patents you might fairly be wondering? Honestly, not much. Patents are our focus in our business and in this podcast, so we devote a lot of air time to talking about protecting ideas and inventions, but in the realm of intellectual property, patents have some pretty close cousins. In thinking more broadly about creating the largest possible moat with your IP, you also need to be considering what our guest, Mallory King, refers to as “brand protection” – or the copyrights, trademarks, and contracts necessary to protect your brand’s rights and assets. Copyrights and trademarks in particular have seen a lot of limelight this year involving some of the biggest brands and pop culture icons. At the same time, major IP rights questions are erupting around the use of generative AI systems like ChatGPT. In addition to covering the basics necessary to help get you booted up, we’re going to use these high profile topics and Supreme Court cases as a vehicle to get a deeper understanding of copyrights and trademarks and some of the sharpest corners you should be aware of when managing your own brand protection. ** Topics Highlights **'⦿ Copyright and Trademark Basics⦿ Work made-for-hire and Friday the 13th⦿ Jack Daniels Properties v. VIP Products⦿ Brand protection expiration, Winnie-the-Pooh: Blood and Honey, and Steamboat Willie⦿ Lizzo's "100% That Bitch" trademark appeal⦿ r/WallStreetBets trademark dispute with Reddit⦿ Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith⦿ Generative AI: Humans as authors and fair use implications** Mossoff Minute **This month's Mossoff Minute, featuring Professor Adam Mossoff, looks at the introduction of the 2023 Patent Eligibility Restoration Act, its biggest criticisms, and why it needs to be passed. ** Connect With Our Guest **Mallory King is the owner and attorney at Breathe Brand Protection, PLLC, a boutique law firm specializing in all things brand protection. Based in Traverse City, Michigan, Mallory is passionate about helping entrepreneurs and small businesses protect their most valuable brand assets, both locally and nationwide. You can learn more about Mallory and Breathe Brand Protection at https://www.breathe.law/** Follow Aurora Patents **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/ ⦿ Instagram: https://www.instagram.com/aurorapatents/ ⦿ TikTok: https://www.tiktok.com/@aurorapatents⦿ YouTube: https://www.youtube.com/@aurorapatents/Thanks for listening! ---Note: The contents of this podcast do not constitute legal advice.Let us know what you think about this episode!

Why do patents exist in the first place? What function do they serve in society? And what is their historic origin story? In this month’s episode, with the help of Professor Adam Mossoff, we zoom way out, turn the time dial back a bit, and focus on the genesis of patents. There’s a special kind of magic that happens when individual incentives align with societal good. Abraham Lincoln, who believed that the creation of the patent system was only surpassed by the discovery of America and the invention of the printing press in terms of the three greatest advancements in human history, once said, “The Patent System added the fuel of interest to the fire of genius.” The recognition and protection of mental labor and the fruits of the mind as natural property rights enabled any inventor – big or small – to profit from their discoveries and partner with those possessing the resources necessary to scale and bring new products and services to the marketplace. The exchange of this protection for an enabling public disclosure enhanced society and accelerated the pace of innovation by facilitating the open exchange of information and created the greatest free library of science and technological information in the world. And because the economy grows and society flourishes when innovation is encouraged, society was transformed in the 19th and 20th centuries as demonstrated by the scientific and technological revolutions that define our modern society and by virtue, created the greatest hockey stick graph in history. But somewhere along the way, we lost sight of this. Patents became a victim of their own success. Their impact on society, the economy, and innovation became both ubiquitous and too often unseen at the same time. This episode is the start of our effort to help undo this collective societal amnesia about the significance of patents.** Episode Overview **CliffsNotes Patent History, from conceptual origins in Ancient Greece through the pre-revolutionary English system and the origin of the word "patent", itself. The U.S. Patent System, its democratization of invention, and its significant break from its predecessors, championed and breathed into existence by the collective wisdom of the likes of George Washington, James Madison, and Thomas Jefferson. Embedded in Democracy. The prominent role patents played in the Federalist Papers, the Constitution, the first ever State of the Union Address, and as the third ever act of the first Congress. Innovation Bridge or Blockade? How the differences in the U.S. system played out internationally across the Industrial, chemical, pharma, biotech, computer, and mobile revolutions.Trolling the Founders. How the fundamental virtues that made the U.S. system unique and proved successful over its history have now tragically become the primary attack vectors used by its opponents.** Connect With Our Guest **You can follow Adam on Twitter at @AdamMossoff, where he posts regularly on patent and innovation policy, including his excellent “this Day in Innovation History” tweets.** Follow Aurora Consulting **⦿ Home: https://www.aurorapatents.com/⦿ Twitter: https://twitter.com/AuroraPatents⦿ LinkedIn: https://www.linkedin.com/company/aurora-cg/⦿ Facebook: https://www.facebook.com/aurorapatents/ ⦿ Instagram: https://www.instagram.comLet us know what you think about this episode!

Sridhar Iyengar, an angel investor and serial entrepreneur, discusses what investors look for in patents. They explore topics such as the value of patents, public disclosure, packaging and colors in consumer products, valuing patents in early stage investing, and offensive and defensive patent strategies.